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Publication Date: 2020-04-20
Practice Area: Discovery
Industry: Construction
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0410
The trial court erred in ordering "attorneys' eyes only" disclosure by defendant of unredacted documents subject to claims of attorney-client and work product privilege for purposes of reconsidering redactions ordered upon an in camera review. The appellate court vacated the trial court's disclosure order in part.
Publication Date: 2020-04-13
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0389
Trial court erred in ruling that attorneys' negligence was not the proximate cause of clients' loss where damages in second medical malpractice action were not barred under doctrines of collateral estoppel, res judicata, or one recovery rule by prior medical malpractice action arising from the same surgery. Summary judgment vacated, case remanded.
Publication Date: 2020-03-30
Practice Area: Family Law
Industry: Legal Services
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0344
Trial court erred in terminating parent's rights where child was afforded ineffective assistance of counsel and where child expressed opposition to adoption, which was also opposed by the GAL. Order of the trial court affirmed, decree terminating parental rights vacated, case remanded.
Publication Date: 2020-03-30
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0338
While the parties' marital settlement agreement constrained husband's authority to use funds from qualified tuition plans established under 26 U.S.C. §529 for anything other than educational expenses, husband had authority to continue using his best judgment to address the children's ongoing educational needs and did not breach the MSA in managing those funds. The appellate court dismissed wife's appeal.
Publication Date: 2020-03-23
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0310
Where defendant opened fire on a victim in an area populated with multiple individuals and the commonwealth accused defendant of third-degree murder with the respect to the victim and recklessly endangering with regard to others present, the crimes implicated different victims as charged and convicted and, therefore, no merger of sentences resulted. The superior court affirmed.
Law Journal Press | Digital Book
Authors: T. BART GARY, JAKE CARROLL
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Publication Date: 2020-03-16
Practice Area: Contractual Disputes
Industry: Real Estate
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0298
Trial court erred in dismissing plaintiff's breach of contract and unjust enrichment claims after the parties' oral agreement to jointly own a house fell apart and she was evicted, because her breach of contract claim did not seek enforcement of the alleged contract but sought damages for the money she contributed to the house and statute of frauds had no relevance to her unjust enrichment claims Reversed.
Publication Date: 2020-03-16
Practice Area: Family Law
Industry: State and Local Government
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0290
Trial court correctly denied CYS's petition to involuntarily terminate parental rights where CYS's demand that parent provide explanation for child's tragic fatal injuries that occurred while parent was at work was unconnected to original concerns that parent would fail to protect remaining children, where parent had years of unsupervised overnight visitations with no safety concerns. Decrees affirmed.
Publication Date: 2020-03-16
Practice Area: Family Law
Industry: State and Local Government
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0289
Trial court erred in entering support order for reimbursement of placement costs for child adjudicated delinquent where total amount was four times the support guidelines obligation without explanation for deviation from the guidelines. Orders of the trial court vacated, case remanded.
Publication Date: 2020-03-02
Practice Area: Medical Malpractice
Industry: Health Care | Legal Services
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0232
Client's notes prepared in preparation for his deposition were not protected from discovery under the attorney-client or work product doctrines where there was no evidence that the notes were prepared at counsel's direction, contained communications between counsel and client, or contained the mental impressions of counsel or counsel's representative. Order of the trial court affirmed.
Publication Date: 2020-01-27
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0072
Physical evidence from prior burglary investigation properly admitted into defendant's murder trial where evidence contained DNA samples matching defendant's profile and therefore was relevant and admissible to contradict defendant's assertion that he had never been inside the victims' home. Judgment of sentence affirmed.
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